The Police Have Revoked your Driver’s License. What Now?
It can happen that your driver’s license is revoked by the police, for example if you’ve been speeding excessively. The police can also proceed with revoking your driver’s license after excessive alcohol consumption. This often causes problems because you desperately need your driver’s license. For instance, you might not be able to reach your work by public transport, you’re self-employed with your own van and tools, or you have meetings across the country. The (temporary) inability to drive motor vehicles can be a reason for an employer to dismiss you. If your driver’s license has been revoked, it’s important to take action as quickly as possible to get your license back. It’s advisable to seek assistance from a specialized criminal defense lawyer.
When Can the Police Revoke your Driver’s License?
Your driver’s license can only be revoked under certain circumstances. This is the case, for example
- If you have seriously endangered road safety.
- If you (presumably) have too much alcohol in your blood. The limit is more than 0.8 per mille for novice drivers and more than 1.3 per mille for experienced drivers.
- If you refuse to cooperate with an alcohol test (breathalyzer or blood test).
- If you exceed the speed limit by more than 50 km/h (car) or 30 km/h (moped).
- If the police doubt whether you are competent enough to drive or physically/mentally fit to drive.
Can the Police Revoke your Driver’s License if You Drive under the Influence of Drugs?
In principle, the police may not revoke your driver’s license if there is mere suspicion that you have driven under the influence of drugs. More is needed for this. However, the police can revoke your driver’s license if it is suspected that you are no longer fit to drive a motor vehicle. This suspicion can arise, for example, from concrete and serious danger to road safety, such as making swerving movements. For driving under the influence, you may later receive a summons or an invitation for a Public Prosecutor’s hearing. In that case, both the judge and the public prosecutor can proceed to disqualify you from driving. Are you suspected of driving under the influence? Then contact us at the earliest possible stage. We are happy to advise you.
Do You Have to Comply with the Police’s Demand to Hand over your Driver’s License?
When the police revoke your driver’s license, you are legally obliged to “surrender” your driver’s license. If you refuse to hand over your driver’s license, you commit a criminal offense. You can even be sentenced to imprisonment for this. It is therefore wise to hand over your driver’s license if the police demand it. Then contact one of our criminal defense lawyers as soon as possible.
Are You Allowed to Drive when your Driver’s License Has been Revoked by the Police?
If your driver’s license has been revoked, you are no longer allowed to drive vehicles for which your license was issued. This means that driving someone else’s car is also punishable. Additionally, with a car driver’s license (category B) or motorcycle license (category A), a moped license (category AM) is automatically included. This covers operating a moped, light moped, speed pedelec, and microcar. If your car driver’s license has been revoked, it’s not only forbidden to drive a car. Riding a scooter or moped is also punishable. If you do this, you commit a crime. You risk imprisonment. We therefore advise you not to drive if your driver’s license has been revoked. It’s wiser to contact your lawyer. We can help you get your driver’s license back as soon as possible. Feel free to contact us to discuss the possibilities.
What Can You Do against the Revocation of your Driver’s License by the Police?
When your driver’s license has been revoked by the police, your license is sent to the public prosecutor at the CVOM. The CVOM decides within ten days after revocation whether your driver’s license will be returned. During this period, you may not drive any motor vehicle. The public prosecutor can decide to keep your driver’s license until the penal order or court decision in your criminal case takes effect. However, the public prosecutor is free to return your driver’s license before the end of your criminal case. If the public prosecutor does not make a decision within ten days, your driver’s license must be returned. Has your driver’s license been revoked by the police and do you urgently need your license, for example for your work? Then contact us immediately. We will request the public prosecutor to return your driver’s license within the ten-day period. Our lawyers are specialized in this area. They know how to best support your request to increase your chances of success.
What Can You Do against the Retention of your Driver’s License by the Public Prosecutor?
It is possible that the public prosecutor decides not to return your driver’s license. Under certain circumstances, he is authorized to “keep your driver’s license” until the penal order or court decision in your criminal case takes effect. Against the retention of your driver’s license by the public prosecutor, you can make a substantiated request to the court to return your driver’s license. This is called a complaint. You will then be summoned to appear at a hearing. Your complaint will be processed there. The public prosecutor will also be present. The court will assess whether your driver’s license was revoked and retained on good grounds. In addition, the court will assess whether your interest in getting your driver’s license back outweighs the interest of road safety. An experienced criminal defense lawyer knows what the judge looks for and how to prioritize your interest. Our lawyers file the complaint for you. They prepare you for the hearing and assist you during the processing of the complaint.
How Long Can your Driver’s License be Retained by the Public Prosecutor?
The public prosecutor is obliged to bring your criminal case before the judge or handle it himself through a penal order within six months after the revocation of your driver’s license. If you are found guilty of a serious traffic offense, the revocation can be followed by a driving disqualification. You are then temporarily not allowed to drive motor vehicles. Depending on the severity of the traffic offense, the duration of that driving disqualification can be up to five years. Not only the judge, but also the public prosecutor can impose such a driving disqualification for up to six months. The public prosecutor then invites you for a Public Prosecutor’s hearing. The retention of the driver’s license can then automatically transition into a driving disqualification. So you will be without your driver’s license for a while longer. The time that your driver’s license has already been retained will be deducted from the imposed driving disqualification.
Are You Entitled to Compensation if your Driver’s License Was Wrongfully Revoked?
If your traffic criminal case ends without imposing a punishment or measure, you are entitled to compensation for the days your driver’s license was retained. This also applies if you are convicted of an offense for which the revocation of the driver’s license was not allowed in retrospect. If you have suffered damage because you could not use your driver’s license, we can claim compensation on your behalf. Think, for example, of lost income if you were dependent on your driver’s license for your income. We can also claim an amount for non-material damage for each day the driver’s license was retained. Curious about the possibilities in your case? Feel free to contact us.
Why is it Wise to Engage a Lawyer if your Driver’s License Has been Revoked?
The revocation of your driver’s license often has far-reaching consequences. Like many others, you may rely on having a driver’s license for your work. The (temporary) loss of your driving privileges can be a reason for an employer to dismiss you. We understand that you may have a lot at stake. That deserves attention and expertise. Your lawyer can inform you about the possibilities of getting your driver’s license back as quickly as possible. We assess whether all conditions have been met in your criminal case to proceed with the revocation of the driver’s license. We highlight the circumstances of your case in a way that maximizes the chance of success. If you’re curious about what we can do for you, you can always contact us without obligation.
Have You Received a Penalty Order or Have You been Invited to a Public Prosecutor’s Hearing?
Depending on the severity of the traffic offense, the Public Prosecution Service may choose not to bring your criminal case before a criminal judge, but to handle the case themselves. You will then receive a transaction proposal or penal order at home. It is also possible that you will be invited for a Public Prosecutor’s hearing. You run the risk of getting a criminal record (Judicial Documentation). Moreover, during such a Public Prosecutor’s hearing, the public prosecutor can proceed to disqualify you from driving. This can have major consequences for your work and private life. Your lawyer may be able to prevent these adverse consequences. Have you received a penal order or have you been invited for a Public Prosecutor’s hearing? Please contact us without obligation at the earliest possible stage.
